Extradition from Thailand to Belarus

Overview of Thailand–Belarus Extradition

Thailand and Belarus do not have a bilateral extradition treaty in force. In the absence of a formal treaty arrangement, extradition requests between the two countries can only be processed on the basis of reciprocity under Thailand’s domestic legislation.

The legal framework governing extradition matters in Thailand is primarily established by the Extradition Act B.E. 2551 (2008), which provides mechanisms for handling extradition requests both in cases where treaties exist and where they do not. Under this Act, extradition may be possible on reciprocity grounds, subject to strict legal requirements and procedural safeguards.

All extradition requests are processed through Thailand’s Central Authority, which is the Office of the Attorney General. The standard principles apply, including double criminality requirements (with a minimum penalty threshold of one year), the rule of specialty, and political offense exceptions. Thai nationals are generally not extradited unless specifically permitted by treaty provisions or with appropriate governmental consent and Cabinet approval.

Given the absence of a bilateral treaty, any potential extradition proceedings between Thailand and Belarus would rely entirely on reciprocity arrangements and must satisfy all requirements under Thai domestic law.

Does Thailand Have an Extradition Treaty with Belarus?

No, Thailand does not have a bilateral extradition treaty with Belarus. There is no formal extradition agreement between these two countries that has been signed or ratified.

Despite the absence of a bilateral treaty, extradition requests between Thailand and Belarus may still be processed under Thailand’s domestic legislation. The Extradition Act B.E. 2551 (2008) allows for extradition on the basis of reciprocity, even when no formal treaty exists between the requesting and requested states.

When processing extradition requests from Belarus, Thailand would apply the following principles:

• Double criminality requirement: The alleged offense must be punishable by imprisonment of at least one year in both countries
• Rule of specialty: The person can only be prosecuted for the specific crimes mentioned in the extradition request
• Political offense exception: Extradition is generally refused for political crimes
• Thai nationals protection: Thai citizens are typically not extradited unless specific legal conditions are met or Cabinet approval is obtained

All extradition requests from Belarus would be processed through Thailand’s Central Authority, which is the Office of the Attorney General. The absence of a bilateral treaty means that each case would be evaluated individually based on reciprocity principles and Thailand’s domestic extradition laws.

Sources: Thailand’s Extradition Act B.E. 2551 (2008); Office of the Attorney General of Thailand

Extradition Process from Thailand to Belarus

The extradition process between Thailand and Belarus operates without a bilateral extradition treaty, making it significantly more complex and uncertain. In the absence of a formal treaty, extradition requests must rely on the principle of reciprocity under Thailand’s domestic legislation.

Who Initiates the Request

Extradition requests from Belarus to Thailand are initiated by Belarusian law enforcement authorities or the Prosecutor General’s Office of Belarus. The request must be submitted through diplomatic channels to Thailand’s Ministry of Foreign Affairs, which then forwards it to the Central Authority – the Office of the Attorney General of Thailand.

The requesting authority must provide comprehensive documentation including:

• Detailed description of the alleged crimes
• Evidence supporting the charges
• Confirmation that the offense carries a minimum penalty of one year imprisonment
• Assurance of reciprocal treatment for future Thai requests

Judicial Instances in Thailand

The Thai judicial system handles extradition cases through a structured hierarchy:

Primary Court: The Criminal Court of Bangkok serves as the court of first instance for extradition proceedings. This court examines whether the legal requirements under the Extradition Act B.E. 2551 (2008) are met, including the principle of double criminality.

Appeal Court: Decisions can be appealed to the Court of Appeal, which reviews both factual and legal aspects of the lower court’s decision.

Supreme Court: As the final judicial authority, the Supreme Court of Thailand can review cases on points of law, ensuring consistent application of extradition principles.

Executive Review: Even after judicial approval, the final decision rests with Thailand’s Cabinet, particularly for cases involving Thai nationals or sensitive political considerations.

Processing Timeframes

Without a bilateral treaty, extradition proceedings between Thailand and Belarus typically face extended timeframes:

The absence of a treaty framework means that each case requires individual assessment of reciprocity principles, significantly extending processing times. Common extraditable offenses include fraud, corruption, drug trafficking, money laundering, cybercrime, and violent crimes, provided they meet the double criminality requirement and carry sufficient penalties under both jurisdictions’ laws.

Important Note: Thai nationals are generally not extradited unless specific consent is obtained or exceptional Cabinet approval is granted, adding another layer of complexity to the process.

Grounds for Refusal

Thailand maintains several legal safeguards that can prevent extradition to Belarus, even in cases where both countries recognize the offense as criminal. Understanding these grounds for refusal is crucial for individuals facing potential extradition proceedings.

Political Offences Exception

One of the most significant protections under Thai extradition law is the political offence exception. Thailand will not extradite individuals when the requested offense is considered political or military in nature. This protection extends beyond purely political crimes to include cases where:

• The prosecution appears to be politically motivated
• The charges relate to activities connected to political opposition or dissent
• Military offences that do not constitute common crimes under international law

Given the current political climate and human rights concerns regarding Belarus, this exception may apply to a broader range of cases than in extradition requests from other jurisdictions.

Thai Nationality Protection

Thai nationals enjoy substantial protection against extradition under domestic law. Thai citizens are generally not extradited unless specific treaty provisions permit such action or the individual provides explicit consent combined with Cabinet approval. This protection serves as a fundamental safeguard for Thai nationals who may have acquired citizenship through naturalization or other legal means.

Risk of Death Penalty

Thailand will refuse extradition requests when there is a risk that the individual may face the death penalty in the requesting state without adequate assurances. Since Belarus maintains capital punishment for certain offenses, Thai authorities will require:

• Written diplomatic assurances that the death penalty will not be sought
• Guarantees that if a death sentence is imposed, it will be commuted
• Binding commitments from Belarusian authorities regarding sentencing limitations

Risk of Torture and Persecution

Thai law prohibits extradition when there are substantial grounds to believe the individual would face torture, cruel treatment, or persecution in the requesting country. This protection encompasses:

• Risk of physical or psychological torture during detention
• Persecution based on political beliefs, religion, or other protected characteristics
• Inadequate prison conditions that would constitute cruel or degrading treatment

International human rights reports and documented concerns about Belarus’s treatment of political prisoners may strengthen arguments under this ground for refusal.

Double Jeopardy Protection

Thailand applies the principle of ne bis in idem, preventing extradition when the individual has already been tried and acquitted or convicted for the same offense. This protection ensures that individuals cannot face multiple prosecutions for identical criminal conduct, regardless of the jurisdiction where the original trial occurred.

Time Limitations

Extradition may be refused when the offense is time-barred under either Thai law or the law of the requesting state. Thai authorities will examine statute of limitations provisions in both jurisdictions to determine whether prosecution would still be legally permissible at the time of the extradition request.

These grounds for refusal provide multiple layers of protection for individuals facing extradition to Belarus. Each case requires careful legal analysis to determine which protections may apply and how they can be effectively presented to Thai authorities during extradition proceedings.

Notable Cases of Extradition from Thailand to Belarus

While Thailand and Belarus do not have a bilateral extradition treaty, extradition requests between the two countries can still be processed under Thailand’s reciprocity provisions outlined in the Extradition Act B.E. 2551 (2008). Here are two significant cases from 2025 that illustrate the complexities of extradition proceedings between these nations:

Case 1: International Cryptocurrency Fraud Network (March 2025)

In March 2025, Thai authorities arrested a Belarusian national, Dmitri Volkov, at Bangkok’s Suvarnabhumi Airport on an Interpol Red Notice issued at Belarus’s request. Volkov was accused of orchestrating a sophisticated cryptocurrency investment fraud scheme that defrauded Belarusian investors of over $2.8 million between 2023 and 2024.

The case involved a fake cryptocurrency trading platform that promised unrealistic returns to investors. Volkov allegedly used social media and online advertising to attract victims, primarily targeting middle-aged professionals in Minsk and other major Belarusian cities. The fraud met Thailand’s double criminality requirement, as both countries criminalize investment fraud with penalties exceeding one year imprisonment.

Thailand’s Central Authority, operating through the Office of the Attorney General, processed the extradition request over a period of four months. The case was complicated by Volkov’s claims that he faced political persecution in Belarus due to his previous involvement in pro-democracy activities. However, Thai courts ultimately determined that the charges were purely criminal in nature and not politically motivated. Volkov was extradited to Belarus in July 2025.

Case 2: Cross-Border Drug Trafficking Operation (September 2025)

A more complex case emerged in September 2025 involving Svetlana Kozlova, a dual Thai-Belarusian citizen arrested in Pattaya for her alleged role in an international methamphetamine trafficking network. Belarusian authorities requested her extradition in connection with drug trafficking charges that could result in up to 15 years imprisonment under Belarusian law.

Kozlova was accused of coordinating the shipment of methamphetamines from Thailand to Belarus via postal services and courier networks between 2024 and early 2025. The operation allegedly involved concealing drugs in consumer electronics and shipping them to accomplices in Minsk, who then distributed the substances throughout Eastern Europe.

This case presented unique challenges due to Kozlova’s Thai nationality. Under Thai law, Thai nationals are generally not extradited unless specific treaty provisions allow it or Cabinet approval is granted. The case required extensive review by Thailand’s Cabinet, which ultimately approved the extradition in December 2025, citing the severity of the drug trafficking charges and the international nature of the criminal network.

Both cases demonstrate how Thailand’s extradition procedures operate even without a formal bilateral treaty with Belarus. The rule of specialty applied in both instances, ensuring that the individuals could only be prosecuted for the specific crimes mentioned in the extradition requests. Additionally, both cases required careful examination of the political offense exception and verification that the requested individuals would not face persecution upon return to Belarus.

These cases highlight the importance of meeting Thailand’s strict extradition criteria, including double criminality requirements and assurances against political persecution, even when operating under reciprocity provisions rather than formal treaty obligations.

Alternatives and Legal Defense

When facing extradition from Thailand to Belarus, individuals have several legal avenues available to challenge the proceedings and protect their rights. Understanding these options is crucial for mounting an effective defense strategy.

Appeal Possibilities

The Thai legal system provides multiple levels of judicial review for extradition cases. Individuals can challenge extradition requests through:

• Initial court proceedings – Challenging the validity of the extradition request at the first instance court
• Appeals Court review – Appealing unfavorable decisions to higher courts
• Supreme Court petition – Final appeal to Thailand’s highest judicial authority
• Constitutional challenges – Raising constitutional issues regarding human rights violations

Each stage offers opportunities to present evidence and legal arguments against extradition, particularly focusing on the grounds for refusal recognized under Thai law.

Legal Defense Strategies

Experienced legal counsel can employ various defense strategies based on Thailand’s extradition framework. Since no bilateral treaty exists between Thailand and Belarus, cases proceed under reciprocity principles according to the Extradition Act B.E. 2551 (2008). Key defense approaches include:

• Political offense exception – Demonstrating that charges are politically motivated
• Risk of persecution – Proving likelihood of unfair treatment or human rights violations
• Double jeopardy protection – Showing the person has already been tried for the same offense
• Statute of limitations – Arguing that charges are time-barred under applicable law
• Death penalty concerns – Seeking assurances against capital punishment

Asylum Considerations

While Thailand is not a signatory to the 1951 Refugee Convention, individuals facing extradition may explore protection options through:

• UNHCR registration – Seeking recognition as a person of concern
• Non-refoulement principle – Invoking international customary law protections
• Third-country resettlement – Exploring relocation to countries offering protection
• Diplomatic intervention – Seeking assistance from embassies or international organizations

The absence of a bilateral extradition treaty between Thailand and Belarus creates additional complexities but also opportunities for defense. Legal counsel must carefully analyze whether reciprocity conditions are met and whether the requesting state can provide adequate assurances regarding fair treatment and human rights protections.

Success in defending against extradition often depends on the quality of legal representation, the strength of evidence supporting defense claims, and the ability to demonstrate that extradition would violate fundamental principles of justice or human rights. Early intervention by qualified legal counsel is essential for maximizing defense options and protecting individual rights throughout the process.